Workers’ Compensation Video Series – Part 5 of 5

In the last video in our workers’ compensation video series, Attorney Ben Schwartz concludes with the 5th and final thing you should know if you’ve been injured on-the-job.

Workers’ Compensation Video Series –
Part 5 of 5

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re filming the final video of our workers’ compensation video series. I am going to share the 5th and final piece of information that your employer will most likely not tell you when you have a serious on-the-job injury. If you’re injured in a job-related accident in the state of Delaware and sustain a permanent functional impairment, you are entitled to a lump sum award of compensation. Your employer is probably not going to tell you that and you will never get it unless you go to an attorney that knows the ins and outs of Delaware workers’ compensation cases.

Let’s say you’ve had surgery or a serious injury that has not fully healed. You are not back to 100%. If you sustain an injury that is unlikely to fully and completely heal, you may have permanent functional impairment to your body parts.

I’ll give some examples of frequent cases where we see permanent functional impairment:

  • Torn rotator cuff. This injury requires surgery to repair the rotator cuff complex.  This often results in a permanent functional impairment to the shoulder.
  • Herniations or bulges of the disks in the neck or back. If those bulges or those herniations require surgery – or even if they don’t require surgery – they push on nerve roots and cause pain (radiating symptoms). This can result in permanent functional impairment to the neck or back.
  • Injuries to all parts of the body. If you end up needing surgery as a result of those injuries, you may experience permanent functional loss of use. You are entitled to compensation.

We are often able to obtain a lump sum award of compensation for our workers’ compensation clients. Employers do not volunteer this information to their employees to say, “Go to a lawyer and find out how to make a claim for permanent functional impairment.”

We make a claim for permanent impairment by going to all the medical providers and getting all the medical records. We take all those records and supply them to a doctor who is experienced at giving a rating to the permanent impairment under the American Medical Association guide to evaluating permanent impairment. We get a percentage rating from the doctor (we pay the doctor to give us this information), and then we make a claim with the workers’ compensation insurance company for that functional impairment. We often settle it without a board hearing. If we can’t, then we file a petition with the Delaware Industrial Accident Board. We go to a hearing and present our case to try and get an award of compensation for our client. For the most part, we settle these cases without a hearing.

I hope you’ve enjoyed watching this video series. I hope that you now know a little bit more about your rights as it pertains to workers’ compensation insurance coverage.  If you have been injured on-the-job, you will need to go to an attorney who handles workers’ compensation cases. That attorney can get you to a doctor to rate the impairment and negotiate a settlement of that permanency claim or litigate the case if you can’t settle it.

If you missed our previous videos in our Workers’ Compensation Video Series, click here.

Workers’ Compensation Video Series –
Part 5 of 5

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Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
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Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
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Workers’ Compensation Video Series – Part 4 of 5

What should you know if you’ve been injured on the job and need Workers’ Compensation? Attorney Ben Schwartz continues his series on what information an injured employee should know and what your employer may not always tell you. 

Workers’ Compensation Video Series –
Part 4 of 5

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re continuing with our series of videos about workers’ compensation and the things employers don’t tell their injured employees after an on-the-job accident.

We’re going to talk about other employment that may become available. A lot of employers have a policy that if you’re injured on-the-job and you cannot return to employment in the job that you had (in the job you were doing), a lot of employers will provide you with some alternate job that you can do that is less burdensome and within your physical limitations.

When you are out of work due to an injury, Delaware workers’ compensation will provide what is called total disability lost wages. Your lost wage payments are going to be two-thirds of your average weekly wage. A lot of people can’t make it on two-thirds of their average weekly wage. Sometimes, our clients will have disability insurance that makes up the difference between the two-thirds and their full wage. A lot of times they won’t. For example, maybe you are injured. Your doctor tells you that you cannot return to work. You just had surgery. If you return to work, the job duties may make your injury worse. You may find that you are stuck in a position where you can’t get back to work. You will only get two-thirds of what you were making and that’s not enough to pay the bills.

If you ask your employer if there’s alternate work that you could do, they might have a policy that says “If someone is injured on-the-job and they asked to come back in an alternate position with different duties (with different job requirements) we’ll make that available.” Sometimes, you have to ask.

We find these situations in workers’ comp cases where our client has had surgery.  You are sitting at home and crawling the walls. You can’t stand being at home. You are bored.  You need to keep your mind active. You need to do work. For your own mental health, you need to get back into the swing of things, but you can’t because the doctor has given you no work restrictions that bars you from working. And if you go to your employer and say, “Instead of being out on total disability lost wages, I want to come back to work, but in a limited capacity. Do you have anything for me?” Often, we find that the employer will say, “Oh, as a matter of fact, we do.” You just have to ask for it.

If you’re injured on-the-job and you’re out of work, you can ask your employer if there is some light-duty work that you could do. They might provide it to you. All you need to do is go to your doctor and give the doctor a description of what you’re planning to do. Ask the doctor to approve you to go back to that. You can return to work in a modified or light-duty capacity so that you can earn a full amount of wages rather than the two-thirds the average weekly wage that you get under workers’ comp insurance.

Thanks for watching!

Please watch the final video in our workers’ compensation video series here.

Workers’ Compensation Video Series –
Part 4 of 5

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
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Workers’ Compensation Video Series – Part 3 of 5

In this segment of our Workers’ Compensation Video Series, Attorney Ben Schwartz discusses the Family Medical Leave Act and what you should know …more importantly, what your employer may not tell you if you need to file a workers’ compensation claim.

Workers’ Compensation Video Series –
Part 3 of 5

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re doing video #3 in our series about what employers don’t tell their employees when they have been injured on-the-job; specifically, we will discuss a federal law called FMLA.

FMLA (The Family Medical Leave Act) requires certain employers to hold the job of the employee until he or she can come back to work. I want to walk you through the FMLA because employers often neglect to tell their injured employees that they (the employer) must hold the job of the employee until he or she can return. It’s a complicated law, but I want to try and simplify it. The United States Department of Labor fact sheet #28 is available on the internet.

www.dol.gov/whd/regs/compliance/whdfs28.pdf

You can obtain this information yourself directly from the United States Department of Labor website. Eligible employees can take unpaid job-protected leave for a specific amount of time. Unpaid job-protected leave means that, under FMLA, you’re not going to get paid. You should understand that if you’re injured on-the-job and you’re taking FMLA leave, we can probably get your wages covered (if not fully covered then at least partially covered either under workers’ compensation insurance or under short term disability insurance depending on the facts of your specific situation). FMLA does not require the employer to cover lost wages. We look to other laws that require your employer or the workers’ compensation insurance company to cover lost wages.

Under FMLA, the employer must hold the job if it’s a covered employer. A covered employer is a private sector employer that is a private company, not the government, with 50 or more employees and 20 or more workweeks in the current or preceding calendar year. If an employer has 50 or more employees, then it’s going to be a covered employer.  A covered employer also can be a public agency, a local state or federal government agency. Public or private elementary or secondary schools, regardless of the number of employees, will be covered by FMLA.

The fact sheet also defines eligible employees. An eligible employee means someone who works for a covered employer and has worked for that employer for at least 12 months. If you look on the fact sheet, the 12 months don’t have to be consecutive months. The employee needs at least 1,250 hours of service for that employer during the 12 months immediately preceding the period of time that he or she is out of work. He or she must also work in a location where the employer has at least 50 employees. If you continue scrolling down to leave entitlement, you will read that you can take up to 12 weeks leave in a one-year period for a serious injury or a serious health condition that makes the employee unable to perform the essential functions of the job.

This fact sheet basically does a very nice job of summarizing the FMLA. If the employee has been employed for 12 months working for this employer and the employer has 50 or more employees or is a public employee, government or school, the employee has the opportunity to take up to 12 weeks off in order to heal, get better and then return to his or her job. The FMLA is great for the employee. Most employers, at least in the cases that I’m handling, are not coming right out and volunteering this information to the employees. It’s not something that’s volunteered by most employers. But you should know your rights as an employee who was injured on-the-job in the United States of America.

Please watch part 4 of our workers’ compensation video series here.

Workers’ Compensation Video Series –
Part 3 of 5

 

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
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Workers’ Compensation Video Series – Part 2 of 5

Our Workers’ Compensation Video Series with Attorney Ben Schwartz continues. If you’ve been injured on-the-job, are you worried that your employer could fire you if you file a workers’ compensation claim? Find out what the Delaware law says in the second video in this series. 

Workers’ Compensation Video Series –
Part 2 of 5

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to the second video in a series on the things your employer won’t tell you if you’ve been injured on-the-job. Employers do not always volunteer information when you’ve been injured at work. It’s illegal in Delaware to fire someone or to take adverse action against them in retaliation for making a workers’ compensation claim. I get this question from more than half of the clients that I have in workers’ comp cases: “If I hire you and make a workers’ comp claim, can’t my employer fire me?” The answer is no. They can fire you for something else, but they cannot fire you for making a workers’ compensation claim in the state of Delaware.

Delaware has a state-specific statute, Title 19 Section 2365 of the Delaware code, that says “it shall be unlawful for any employer or any agent of the employer to discharge or to retaliate or discriminate in any manner against an employee as to the employee’s employment because such employee has claimed or attempted to claim workers’ compensation benefits from the employer.”

If you have been injured on-the-job, you might be thinking that you should go to an attorney to learn more about your rights and get some help. Let’s say you’re out of work.  You’ve got no money coming in. Your medical bills are not getting paid. You don’t know what to do and you are scared about going to a workers’ comp attorney. You shouldn’t be worried because we have an anti-retaliation statute that prohibits employers from firing you or demoting you in retaliation for making a workers’ compensation claim.

Please watch part 3 of our workers’ compensation video series here.

Workers’ Compensation Video Series –
Part 2 of 5

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Workers’ Compensation Video Series – Part 1 of 5

Our Workers’ Compensation Video Series begins with Attorney Ben Schwartz discussing how important it is for you to know your rights as a person who was injured on the job. 

Workers’ Compensation Video Series –
Part 1 of 5

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to start a video series on workers’ compensation claims and what your employer will not tell you when you get injured on-the-job.

We see people in my offices all the time who were injured in accidents who don’t know their rights. I really think it’s very important to know your rights because when you’re injured on-the-job, 9 times out of 10, your employer will not come to you and say, ‘Here are all your rights on a silver platter. Here’s everything that you need to know in order to make a full and adequate recovery.’ It’s not in their best interest to do that.

Every once in a while, you will get an employer who says “Here. We’re going to set you up. We’re going to get the insurance claim rolling. We’re going to take care of you and do everything that needs to be done.” Quite frankly, people aren’t coming to us for those types of situations. As lawyers, our reality is that people are coming to us because they don’t know their rights. People come to us because they’re injured on-the-job and nobody’s helping them. Their bills aren’t getting paid. Their medical bills aren’t getting paid. They’ve got rent due or mortgage due. They need to put food on the table, and they don’t know how to do it. My observation has been that employers don’t fully tell their employees everything they need to know when they’re injured on-the-job. The number one thing that employers, companies, corporations, businesses, etc. fail to tell their employee is that “we have workers’ compensation insurance coverage that covers you (that covers your accident).”

For some reason, the majority of people that come to my office for an on-the-job injury don’t know if there’s even insurance coverage for this. They don’t know what insurance company their employers uses.

It’s very easy to look up. You can go to a website:

dia.delawareworks.com/workers-comp/workers-comp-search.php

This is the state of Delaware website where you can search for your employer to find out who their workers’ compensation insurance company is. If you don’t know if your employer has workers’ compensation insurance to cover you for your injury, this is where you would go to find out. You could also look at your paycheck. Look at the stub on your paycheck. What’s the name of the employer? You can get the policy effective date, end date, and the policy number.

If you’re injured on-the-job and you don’t know whether there’s going to be coverage for your medical expenses, whether there’s going to be coverage for your lost wages, whether your employer has insurance coverage for work accidents, you can just go to this website and look up the employer and see what it says (see who the insurance company is). This is something that we’re doing more often than not in workers’ compensation cases that come through our office because people just don’t know.

The #1 thing that employers do not tell you is, “Hey, we have insurance coverage for this.  We’re not lacking in that regard and here’s the workers’ compensation insurance information that you need to get your medical bills and lost wages covered.”

Thanks for watching!

Please watch part 2 of our Workers’ Compensation Video series here

Workers’ Compensation Video Series – Part 1 of 5

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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